Product Description

Recent updates:

• Update: July 2025

  Dear Subscriber:

  Thank you for choosing to keep current with this 2025 edition of Massachusetts Probate Manual. In this edition, find hundreds of updates on topics such as the following:

  • Transferring property owned by the decedent; how to determine process. See chapter 2 for a step-by-step list of action items useful when selecting the method by which to transfer property.

  • Time limit for filing. See chapter 4 for the five exceptions to the general three-year time limit in which to commence a formal probate or appointment proceeding.

  • Contesting the suitability of a nomination of a fiduciary. Chapter 5 cites a decision regarding standing needed to contest a nomination.

  • Claims against the estate. Chapter 7 discusses a case holding that Section 3-108 does not apply retroactively to bar claims brought by MassHealth against estates of decedents dying prior to the enactment of the Massachusetts Uniform Probate Code.

  • Cryptocurrency. See chapter 9 for a practice note regarding the personal representative's responsibilities surrounding access to private keys to digital currencies without a physical form.

  • Fiduciary's contractual obligation. Chapter 11 discusses the consequence of a failure on the parts of buyer and seller to agree to material terms of a purchase and sale agreement. A recent case is cited.

  • Exculpatory provisions in trust. See chapter 16 for discussion of an exculpation clause giving trustees the power to invest income and principal "without being subject to legal limitations on investments by fiduciaries" and how this clause is to be understood in light of the prudent investor rule.

  We at MCLE trust that you will find this new material useful in your probate practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Types of Schooling Available

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Kristin E. Valcourt, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts

Checklist 1.1

- Commonwealth and Horace Mann Charter Application for New Operators Buy Form

Exhibit 1A

- Advisory on Interdistrict School Choice Pursuant to G.L. c. 76, § 12B Buy Form

Exhibit 1B

- Guidelines for the Vocational Technical Education Program Nonresident Student Tuition Process Pursuant to M.G.L. c. 74 Buy Form

Exhibit 1C

- Massachusetts Department of Elementary and Secondary Education Advisory on Approval of Massachusetts Private Schools Pursuant to Mass. Gen. Laws c. 76, § 1 Buy Form

Chapter 02 expand

Powers and Responsibilities of the School Committee

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Nicholas J. Dominello, Esq., Valerio Dominello & Hillman, LLC
Elizabeth B. Valerio, Esq., Valerio Dominello & Hillman, LLC

Exhibit 2A

- Sample Form for School Committee Meeting Minutes (Open Session) Buy Form

Exhibit 2B

- Sample Form for School Committee Meeting Minutes (Executive Session) Buy Form

Chapter 03 expand

The State and Federal Roles in Massachusetts Public Schools

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Rhoda Schneider, Esq., MA Dept. of Elementary & Secondary Education

Chapter 04 expand

Collective Bargaining in Public Education

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David M. Connelly, Esq., Morgan, Brown & Joy LLP

Chapter 05 expand

Employment Issues Involving School Employees in General

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Demitrios M. Moschos, Esq., Seder & Chandler

Checklist 5.1

- Checklist of Required Elements of Sexual Harassment Policies Buy Form

Chapter 06 expand

Employment Issues Involving Teachers

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Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Exhibit 6A

- Decisions Addressing Procedural Issues Arising in Connection with Teacher Dismissal and Nonrenewal Buy Form

Exhibit 6B

- Internet Sites Buy Form

Exhibit 6C

- Decisions Involving the Best Interest Standard—Teachers Retained Buy Form

Exhibit 6D

- Decisions Involving the Best Interest Standard—Teachers Dismissed Buy Form

Exhibit 6E

- Decisions Addressing the Elevation of Performance Standards Buy Form

Exhibit 6F

- Decisions Addressing Allegations of Insubordination Buy Form

Exhibit 6G

- Decisions Involving Allegations of Conduct Unbecoming Buy Form

Chapter 07 expand

Student Safety and Discipline in Public Schools

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Rebecca L. Bryant, Esq., Stoneman, Chandler & Miller LLP

Exhibit 7A

- Decisions Illustrating Analysis of Facts in Cyber Speech Cases Buy Form

Chapter 08 expand

Preventing and Responding to Harassment and Bullying in Public Schools

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Justin R. Gomes, Esq., Stoneman, Chandler & Miller LLP
Colleen Shea, Esq.,

Exhibit 8A

- Antiharassment Policy Buy Form

Exhibit 8B

- Harassment Grievance Policy Checklist Buy Form

Exhibit 8C

- Administrative Guidelines for Responding to Complaints of Peer Harassment by Students Buy Form

Chapter 09 expand

Student Enrollment, Curriculum, and Assessment

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Felicia S. Vasudevan, Esq., Murphy, Hesse, Toomey & Lehane LLP

Chapter 10 expand

Student Records

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John C. Foskett, Esq., Valerio Dominello & Hillman, LLC
Caroline Thibeault, Esq.,

Chapter 11 expand

Public Schools, Online Speech, and Electronic Devices and Data

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Leslie Crofton Carey, Esq., Long, DiPietro, and Gonzalez, LLP
Rosann DiPietro, Esq., Long, DiPietro, and Gonzalez, LLP

Exhibit 11A

- Selected Decisions Addressing Free Speech and Online Student Expression Buy Form

Exhibit 11B

- Selected Decisions Addressing Employee Online Speech Outside of Work Buy Form

Chapter 12 expand

An Overview of Special Education Law

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Daniel W. Ahearn, Esq.,

Checklist 12.1

- Special Education Eligibility Checklist Buy Form

Checklist 12.2

- Checklist for Examining the Independent Evaluation Option Buy Form

Checklist 12.3

- Services and Placements Checklist Buy Form

Checklist 12.4

- Checklist for Special Education Hearings Buy Form

Exhibit 12A

- IDEA Discipline Outline Buy Form

Chapter 13 expand

Special Education: Practice Before the Bureau of Special Education Appeals

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Sara P. Berman, Esq., Bureau of Special Education Appeals, Commonwealth of Massachusetts
Alina Kantor Nir, Esq., Commonwealth of Massachusetts

Checklist 13.1

- Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule Buy Form

Exhibit 13A

- IEP Rejection/Nonresponse Packet and BSEA Mediation Options Buy Form

Exhibit 13B

- Hearing Rules for Special Education Appeals Buy Form

Exhibit 13C

- BSEA Standing Orders Buy Form

Exhibit 13D

- Hearing Request Form Buy Form

Exhibit 13E

- Notice of Hearing—Parent Initiated Hearing Buy Form

Exhibit 13F

- Notice of Hearing—School Initiated Hearing Buy Form

Exhibit 13G

- Notice of Accelerated Hearing—Parent Initiated Hearing Buy Form

Exhibit 13H

- Notice of Accelerated Hearing—School Initiated Hearing Buy Form

Exhibit 13I

- Notice of Expedited Hearing—Parent Initiated Hearing Buy Form

Exhibit 13J

- Notice of Expedited Hearing—School Initiated Hearing Buy Form

Exhibit 13K

- LEA Notice of Hearing Buy Form

Exhibit 13L

- Advancement/Postponement Request Form Buy Form

Exhibit 13M

- Statement on the Effect of BSEA Decision and Rights of Appeal Buy Form

Chapter 14 expand

Special Education: Advocating on Behalf of Students and Parents

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Robert K. Crabtree, Esq.,
Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Checklist 14.1

- Checklist of Questions for Initial Review of Client’s Records Buy Form

Exhibit 14A

- Sample SPED Intake Form Buy Form

Exhibit 14B

- Feedback from BSEA Hearing Officers Buy Form

Chapter 15 expand

Special Education: Advocating on Behalf of School Districts

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Rebecca L. Bouchard, Esq., Chicopee Public Schools

Checklist 15.1

- Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder Buy Form

Exhibit 15A

- Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) Buy Form

Exhibit 15B

- Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder Buy Form

Exhibit 15C

- Transition Planning Form (TPF) Buy Form

Exhibit 15D

- Chart Showing Options for Disciplining Children with Disabilities Buy Form

Exhibit 15E

- Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations Buy Form

Chapter 16 expand

Tort Liability of Schools and School Employees

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Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Checklist 16.1

- Checklist of Actions to Be Taken by a School Employee Sued in Tort Buy Form

Exhibit 16A

- Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16B

- Memorandum of Law in Support of Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16C

- Motion to Amend Track Designation Buy Form

Exhibit 16D

- Decisions After Brum v. Town of Dartmouth Illustrating Protection to Schools Under G.L. c. 258, § 10(j) Buy Form

Exhibit 16E

- Petition for Approval of Minor Settlement Pursuant to G.L. c. 231, § 140C½ Buy Form

Exhibit 16F

- Motion to Impound Complaint and to Use Pseudonyms Buy Form

Chapter 17 expand

Basic Rules of Public School Budgeting and Finance

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Kelly T. Gonzalez, Esq., Long, DiPietro, and Gonzalez, LLP
Michael J. Long, Esq., Long, DiPietro, and Gonzalez, LLP

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